No building or structure, or part thereof, shall hereafter be erected,
constructed or altered, and no new use or change shall be made or
maintained of any building, structure or land, or part thereof, except
in conformity with the provisions of this chapter.

All new construction on lots where there is currently no sidewalk shall install a sidewalk and curb with handicapped-curb-cut ramps at the crosswalks. (Also see Chapter 500, Article I, Curbs and Sidewalks, of the Code Upper Chichester Township.)

No principal building or part thereof shall be erected within,
or shall project into, any required yard in any district, except for
unenclosed porches, decks, one-story bay windows, eaves, chimneys,
balconies, fire escapes, buttresses, cornices, or steps; and none
of these, except decks or similar projections, shall encroach more
than three feet into the required yard. However, unenclosed decks/porches
may extend only into required front/rear yards as noted below:

On any corner lot, no wall, fence or other structure shall be erected
or maintained, and no hedge, tree, shrub or other growth shall be
planted, grown or maintained which may cause danger to vehicular traffic
by obscuring the view or in any other way be a source of danger.

Clear sight triangles shall be maintained at all intersections as required by Chapter 505, Subdivision and Land Development. The Township shall have the right to declare any obstruction to vision within the line of the sight triangle to be a safety hazard and shall direct the owner of the property to have it removed. If the owner fails to do so within 30 days after written notice, the Township shall remove the obstruction, bill the owner and lien the property for the expense involved.

No accessory structure shall be more than one story and a maximum
of 15 feet in height as measured from the ridge beam, except when
a greater height is permitted by special exception in the case of
an accessory to a nonresidential use.

All other districts, except PRD, shall allow a maximum of 10% of
the lot or 5% of the tract to be covered as, for example, in the Apartment
District a minimum setback of five feet is required in all cases cited
in this subsection.

They may be installed or erected on any property within the
Township without the placement of footers or foundations beneath,
provided that, for the purpose of rodent and vermin control, they
are placed on a concrete slab not less than four inches thick, and
further provided that they comply with all other requirements of the
Building Code.

Four inches of crushed stone can be used in lieu of a concrete
slab in the event that the shed is of the fabricated wooden variety
with a treated wooden floor system. Such a system must contain treated
skids that elevate the floor of the building a minimum of four inches
above grade for air circulation beneath the structure. Wire must be
secured to the perimeter skids as a rodent and vermin control.

In all residential districts, no wall, fence, hedge or other similar structure or growth shall extend into any front yard. For all corner lots, the side yard dimensions of the zoning district in which the lot is located shall apply. Notwithstanding the foregoing to the contrary, the provisions of § 600-158 shall also apply.

Except as specifically noted otherwise, no wall, fence, hedge or
similar growth in a residential district shall exceed six feet in
height, with the exception of fences required around swimming pools,
in which case said fence may be not less than four feet nor more than
six feet in height.

The minimum lot area and maximum coverage regulations of this chapter
shall apply to public utility facilities, unless the Pennsylvania
Public Utility Commission decides the proposed building is reasonably
necessary for the convenience or welfare of the public; provided,
however, that all yard and maximum height regulations shall apply,
except for necessary towers, poles, lightning rods, arresters and
similar extensions.

Unless specifically stated otherwise for a particular zoning
district, all refuse shall be placed in closed, rigid, verminproof
containers. In the case of townhouses, multifamily dwellings and nonresidential
buildings, all refuse receptacles shall be effectively screened from
the view of residents and from public streets and sidewalks by means
of a fence. All such refuse receptacles shall be placed on the property
responsible for such refuse.

In the case of multifamily dwellings and nonresidential buildings,
lighting facilities shall be provided and arranged in a manner that
will protect the street and neighboring properties from excessive
glare and hazardous interference of any kind. Lighting facilities
shall be provided for the safety and convenience of the residents
of multifamily dwellings or patrons of nonresidential buildings. All
driveways and parking areas must be properly lighted to assure safe
driving conditions at night and security for residents and patrons.
The maximum height of light poles shall be 25 feet in the I Industrial
District and 20 feet in all other districts.

In the event that multifamily dwellings are converted or developed
as condominiums, such condominiums shall be owned and operated in
accordance with the Pennsylvania Unit Property Act of 1963, as amended.[1]

No lot or premises in any part of the Township shall be used
to keep or raise chickens, ducks, pigeons or other fowl, or any rabbits,
hares, guinea pigs, white mice, hamsters or any other small animals
with the exception of specimens kept as household pets, provided the
keeping of same shall not cause a nuisance. No lot or premises in
any part of the Township shall be used to keep or raise any horses,
cows, sheep or any other farm animals or wild animals or reptiles,
whether domesticated or not. In connection with both the small and
large animals mentioned above, the owner may continue to keep or raise
such animals if this activity was in progress before the adoption
of this chapter, provided that such activity does not cause a nuisance.

Satellite antennas shall be permitted as accessory uses subject to this section and § 600-159. However, where such antennas are proposed for nonresidential uses in residential districts, they shall be permitted only by special exception.

Swimming pools must be surrounded by a fence which shall have a self-locking
gate and shall be between four feet and six feet in height. However,
the principal dwelling may also serve as the safety barrier on one
or more sides of the pool.

The Building or Zoning Official may require an applicant to provide
a topographical survey plan with existing and proposed grades which
shall be prepared by a registered engineer or surveyor and approved
by the Township Engineer prior to consideration.

Activities and conditions related to fire protection shall be in accordance with Chapter 7[1] of the Upper Chichester Township Code of Ordinances and
the most recent adopted version of the Pennsylvania Uniform Construction
Code (UCC) and the National Fire Prevention Code.

Any part or portion of a site which is not used for buildings or
other structures, loading and parking spaces and aisles, sidewalks
and designated storage areas shall be planted and maintained with
landscaping. Maximum advantage shall be taken of existing trees and
shrubs in landscaping.

All landscaped planting areas, as defined in Article II, shall be planted with grass seed, sod or other ground cover and shall be maintained and kept clean of all debris, rubbish, weeds, and tall grass; provided, however, that if such land is naturally wooded, it may continue in its natural state.

Except for single-family and two-family dwellings, any part or portion
of a site which is not used for loading and parking spaces, aisles,
sidewalks and designated storage areas shall be landscaped according
to an overall plan, prepared and approved as part of the development
plan or shall be left in its natural state. A replacement program
for nonsurviving plant material should be included.

Landscaping shall be installed and maintained in accordance
with a landscape plan prepared by a registered landscape architect
and approved by the Township Board of Commissioners. The landscape
plan shall depict all proposed plantings as required within planted
buffers and planted visual screens and in other landscaped areas which
relate to, complement, screen or accentuate buildings, roads, parking
areas, sidewalks, walkways, sitting areas, service or maintenance
structures, courtyards, and other site features.

An analysis of the site in terms of the existing views to and
from the areas which are proposed for development, existing topography
and vegetation conditions and other existing conditions which are
relevant to the site.

An analysis of proposed planting and other landscaping needs
as related to screening views of buildings, screening parking areas
and other areas where vehicles are parked, screening storage areas,
screening site utilities and other appropriate types of screening.

The consideration of locations where plantings and other landscaping
are needed to provide visual interest, define outdoor spaces, complement
the proposed architectural style and achieve other functional and
aesthetic requirements for buffer areas.

Existing trees shall be preserved wherever possible. The protection
of trees 12 inches or more in caliper (measured at a height 4 1/2
feet above the original grade) shall be a factor in determining the
location of buildings, open space, structures, underground utilities,
walks and paved areas. Areas in which trees are to be preserved shall
remain at original grade level and in an undisturbed condition.

At least one three-and-one-half inch to four-inch
caliper specimen deciduous tree of 11 feet to 13 feet in height at
the time of planting and one eight-foot to ten-foot specimen evergreen
tree shall be planted for every 50 feet of length of building facade.
These specimen trees shall be clustered or grouped to provide a pleasing,
naturalistic effect, and existing trees to be retained may be utilized
to satisfy this requirement.

Other landscaping, including trees, shrubs, and ground covers,
shall be provided along walkways, in courtyards, around sitting areas,
at the entrance to the site, and in other highly visible locations,
especially on the outer side of any internal access roads which are
visible from a public street which may adjoin a tract, at the entrance
to buildings, and around structures used for service, storage or maintenance
purposes.

The location, type, size, height and other characteristics of
landscaping shall be subject to review and approval by the Board of
Commissioners upon recommendations of the Planning Commission and
Township Engineer.

Trees and shrubs shall be freshly dug and nursery grown. They
shall have been grown under climatic conditions similar to those in
the locality of the project or properly acclimated to the conditions
of the locality of the project.

A planted visual screen, as defined in Article II, shall be provided and continually maintained under the following circumstances. In case of a conflict between any regulation in this section and that in any individual district, the regulation in the individual district shall prevail:

Screening design, including the type of plant materials to be
used, spacing of plant materials, and the location of earthen berms,
shall be subject to review and approval by the Board of Commissioners
upon the recommendation of the Planning Commission and Township Engineer.

Screens shall be perpetually maintained during the period the
principal use causing the need for screening is in operation. Any
plant material which does not survive shall be replaced within six
months.

Water towers, storage tanks, processing equipment, fans, skylights,
cooling towers, vents and any other structures or equipments which
rise above the roofline shall be architecturally compatible or effectively
shielded from view from any public or private dedicated street by
an architecturally sound method which shall be approved, in writing,
by the Township before construction or erection of said structures
or equipment.

All mechanical equipment not enclosed in a structure shall be
fully and completely screened in a manner compatible with the architectural
and landscaping style of the remainder of the lot. Such screening
shall be subject to site plan and architectural review by the Township.

In the R-1 and R-2 Districts, lots without public sewers or those
without both public sewer and public water may be developed for residential
purposes if the following minimum areas are provided and the minimum
isolation distance requirements of the PADEP are met:

An environmental impact statement (EIS) shall be submitted as part of an application for a PRD (§ 600-100S) or for a use permitted by special exception or conditional use in the Industrial District. The contents of an EIS shall pertain to the particular site under study and shall:

Provide an inventory of the existing environmental conditions at
the site and the surrounding areas, which includes air and water quality,
water supply, hydrology, geology, soil, topography, vegetation, wildlife,
aquatic organisms, pollution sources, ecology, demography, land uses,
aesthetics, history and archaeology;

Flag lots are permitted, provided the minimum width of the narrow
strip of land which provides access to the street is not less than
25 feet. The access strip shall be in addition to the minimum lot
area requirements and deeded to the lot.

All pumps shall be located outside of buildings, on private property
and in no case within 20 feet of any street right-of-way line, subject
to such conditions and safeguards as the Township Commissioners may
impose (for the C-2 District) with respect to, among other matters,
the location and adequacy of entrances and exits.

All automobile parts, dismantled vehicles and similar articles shall
be stored within a building; all fuel, oil or other similar substances
shall be stored at least 35 feet from any street right-of-way and
10 feet from any lot line; and all volatile fuel containers in excess
of 100 gallons shall be located underground.

In no event shall a permit be granted for such a use located within
500 feet of a school, hospital, infirmary, church, museum, club or
place of public assembly having the capacity of over 100 persons;
a gasoline service station shall not be deemed nonconforming through
the subsequent erection of the above uses.

The landowner or developer shall provide the Township with the legal
framework for the association indicating its bylaws and methods for
maintaining open space which shall be acceptable to the Township Solicitor.

The members of the association shall share equitably the costs of
maintaining the open spaces. If a member fails to pay his pro rata
share, then a lien against an individual property may be made in accordance
with the provisions for same in the bylaws of the organization.

The association shall provide annual updates to the Township Commissioners
on changes in the composition or membership of its Board and changes
to any of its maintenance agreements, contracts or ability to maintain
said development, it grounds and any open space.

Restaurant-cafes as defined in Article II are permitted as an accessory use to any eating and drinking establishment permitted by this chapter, subject to the restrictions and conditions as set forth below.

Restaurant-cafe permit required. It shall be unlawful for any person to erect, construct or maintain a restaurant-cafe, as defined in Article II, without first applying for and securing a permit therefor as provided in this section. The permit shall be valid from the date of issuance until the end of the calendar year in which the permit was issued.

Any person who shall desire to open a restaurant-cafe in Upper
Chichester Township shall make application thereof in writing to the
Upper Chichester Township Building Inspector. Such application shall
be accompanied by such application fee as required by a schedule of
fees established and by and amended from time to time by resolution
of the Board of Commissioners. Such application shall be made annually
after the first of the year upon forms provided by Upper Chichester
Township and shall set forth and include the following:

A scaled plan specifying the precise location of the outdoor
portion of the restaurant-cafe with a proposed seating plan, and,
where applicable, the location of any adjacent parking space in the
public right-of-way.

Indemnification of the Township; insurance. The applicant/property
owner shall well and truly save, indemnify, defend and keep harmless
Upper Chichester Township, its officers, employees and agents from
and against any and all actions, suits, demands, payments, costs and
charges for and by reason of the existence of the restaurant-cafe
or by the acts or omissions of the employees or agents of the applicant
property/owner in connection with such restaurant-cafe. The applicant/property
owner must obtain and maintain an insurance policy which covers general
liability in the area of the restaurant-cafe which is within the public
right-of-way which names the Township as an additional insured.

If on-street parking exists in front of the restaurant-cafe,
tables on the curbline are prohibited. If on-street parking does not
exist in front of the restaurant-cafe, tables are permitted on the
curbline.

A barrier shall be erected to separate the restaurant-cafe from
any parking or vehicle traffic. The barrier shall consist of a decorative
metal fence no higher than three feet that can withstand 250 pounds
of force, and shall be approved by the Township.

Outdoor service at a restaurant-cafe must stop by 11:00 p.m.
or one hour before closing whichever is later, and all tables must
be cleared of food, beverages, and customers on or before 11:45 p.m.
or 15 minutes before closing, whichever is later.

The owner shall maintain the restaurant-cafe in accordance with
all ordinances of Upper Chichester Township and state and federal
laws, as well as all rules and regulations promulgated and adopted
by Upper Chichester Township currently in effect or hereinafter enacted
which pertain to use of restaurant-cafes.

The owner shall remove the outdoor portion of the restaurant-cafe
within 30 days after written notice by Upper Chichester Township if
the Township determines that the restaurant-cafe is detrimental to
the health, safety and general welfare of the Township or its citizens
because one or more of the following conditions has occurred:

In the event that the owner fails to remove the restaurant-
cafe within 30 days after written notice, Upper Chichester Township
may proceed to remove and restore the area and charge the owner for
the cost thereof. Should the restaurant-cafe be removed by Upper Chichester
Township, the owner shall be entitled to a return of the equipment,
furnishings, or appurtenances so removed only after payment of all
costs due to Upper Chichester Township and by requesting the return
in writing. The responsibility for removal under the provisions of
the subsection shall be the sole responsibility of the owner without
any obligation or cost assessed against Upper Chichester Township.

Violations and penalties. Any person who violates or permits
the violation of any provision of this section shall upon conviction
thereof in a proceeding before a Magisterial District Judge, be subject
to the payment of a fine of not less than $50 nor more than $500 for
the first offense, not less than $100 nor more than $750 for a second
offense, and thereafter a subsequent offense of not less than $200
nor more than $1,000, plus the costs of prosecution. Each subsection
or provision of this section that is violated shall constitute a separate
offense and each day or portion thereof in which a violation of this
section is found to exist shall constitute a separate offense each
violation of which shall be punishable by a separate fine imposed
by the Magisterial District Judge in the amount stated above.

Severability. If any provisions of this section or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of this chapter
which can be given effect without the invalid provision or application,
and to this end the provisions of this section are declared severable.